Blood evidence allowed in Bremer County vehicular homicide case - KWWL - Eastern Iowa Breaking News, Weather, Closings

Blood evidence allowed in Bremer County vehicular homicide case

Alexander Mark Pothast Alexander Mark Pothast

The Iowa Court of Appeals has ruled that blood samples taken after a 2010 fatal crash in Bremer County will be allowed as evidence.

Attorneys representing Alexander Mark Pothast argued the blood samples taken following the March 2010 crash that killed 18-year-old Josh Young should not be allowed as evidence because the then-17-year-old Pothast had sent a letter to the lab stating that he was withdrawing his consent to have the blood drawn.

A lower court had agreed with the attorneys and disallowed the use of the blood samples.  The Iowa Court of Appeals overturned the lower court ruling on Wednesday, citing a recent Iowa Supreme Court case that said consent was voluntary under similar circumstances. 

Pothast, who is now 20-years old, is charged with homicide by vehicle.  According to court documents, the blood test showed that he had a blood-alcohol level of .151.

The ruling makes way for the case to go to trial.

Pothast was arrested last month for allegedly vandalizing cars in Cedar Falls.  He and 20-year-old Blake Burkle of Waverly are charged with second degree criminal mischief.

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